We are Not Done: Zealous Advocacy in 8B Litigation

Virtually Join Alexander A. Flig (RC for Norfolk County) and

John O. Mitchell (RC for Bristol County)

December 12, 2024, from 1 pm to 4 pm

WE ARE NOT DONE!      

ZEALOUS ADVOCACY IN 8B LITIGATION

With presenter, Devorah Vester, MHLD Appeals Staff Attorney

1pm-3pm (2 CLEs): We will start with the training!

After the training, you will be able to:

1. Explain why it is critical in your 8B litigation advocacy to move to bifurcate the proceeding and consider whether and when to oppose the incorporation of testimony
2. Describe the correct 8B legal standards regarding competence to make informed treatment decisions and substituted judgment of an (incompetent) client through critical precedent
3. Sharpen your litigation skills to undermine the petitioner’s case through effective cross-examination, testimony of an IME, your client and/or other witnesses based on correct legal standards
4. Create a strong record to support both a favorable trial court decision and appeal from an unfavorable decision through objections, motions, argument, and court education.

3pm-4pm (1 CLE): John and Alex will break out into separate meetings for Bristol and Norfolk County.

• We will address several important issues specific to Bristol and Norfolk Counties.
• We will also discuss changes you feel are needed to the Guardianship court forms, as requested by Laura Sanford in her list serve post on October 8th. You can find the Probate Court Forms here: https://www.mass.gov/info-details/probate-and-family-court-uniform-guide-to-filings

NO NEED TO REGISTER, JUST JOIN US!

https://us05web.zoom.us/j/87037248120?pwd=0bHdC5xywnW58IXj4UguLaKIvvszBX.1

Meeting ID: 870 3724 8120

Passcode: 894487